« AnteriorContinuar »
Q. 50. You say you got a Republican and Democratic ticket at the election ?-A. Yes, sir.
Q. 51. You voted one of them, but you cannot state which one-A. I don't know; I cannot tell.
Q. 52. Only you state you voted the Democratic ticket, because you were inclined to vote that; but you cannot tell whether you did or not1-A. No, sir.
Q. 53. Well, how do you know your father was naturalized 1-A. He told me.
MARTIN HERAK. STATE OF Iowa,
Tama County, 88: MICHAEL KUPKA, being produced and sworn before S. C. Leland, on this 28th day of April, 1883, W. H. Stivers appearing on the part of the contestee, and T. Brown on the part of contestant, testifies as follows:
Ques. 1. Where do you live?-Ans. In York Township,
(Contestant objects to the testimony of this witness because the testimony is falsely given.)
Ques. 2. I will ask you if you voted at the election held in York Township in which Frederick and Wilson were candidates for Congress 1--Aps. I was not there.
Ques. 3. Ask him if he has any boys 1-Ans. Got two; Sam and Peter.
Ques. 5. What township did they live in last fall at the time of the election - Ans. They lived at the same place.
Ques. 6. Ask him how old they are now -Ans. I don't recollect.
Ques. 9. Ask him whether he knows whether they went to the election or not?Ans. Don't know.
Ques. 10. Ask him whether he was ever naturalized or not?-Ans. Yes, sir.
Ques. 11. Ask him if these are the only papers of naturalization he ever got :- Ans. No, sir.
Ques. 12. Ask him where are the other papers 1-Ans. These are the only papers I ever got.
(Copy of the papers.)
CERTIFICATE OF NATURALIZATION.
STATE OF IOWA,
Tama County, 88:
In the county court of said county.
I, F. A. Graham, judge of the said court, do hereby certify that on the 8th day of Oct., 1866, Michael Kupkaa, native of Austria, is duly made a citizen of the United States of America, and is thereby entitled to all the rigbts and privileges as a citizen. Thereby I have set my hand and seal this 6th day of October, 1866.
F. A. GRAHAM,
Judge of the County Court. (Witnessed by the seal of Tama County.) (Signed :)
MICHAEL * KUPKA.
Has an interpreter.
A-(Attached to testimony of Micbael Krupka.) STATE OF Iowa,
Tama County, 88: I, S. C. Leland, clerk of the district and circuit courts of the State of Iowa, in and or Tama County, the same being courts of record, do hereby certify that I have care-ully exan ined the records of said courts and that I am unable to find any record howing that Martin Cibula, of Otter Creek Township, in said county and State, wa. ver naturalized in either of said courts.
Witness my hand and the seals of said courts hereto affixed at Toledo, in the county of Tama, and State of Iowa, this 28th day of April, A. D. 1883. (BEAL.
S. C. LELAND, (SEAL.)
Clerk of said courts. STATE OF Iowa,
Tama County, 88: I, Eldon Moran, a notary public for Johnson County, and commissioner agreed upon to take testimony in this cause in pursuance of the annexed agreement attached to the testimony of J. L. Adams, whose testimony was taken February 22d, 1883, do truly certify that on the 28th day of April, 1883, in pursuance of the notice hereunto annexed, I took the depositions of the following witnesses: Frank Weaver, Martin Herak, Michael Kupka, whose testimony is set forth in the following manner: Each witness was first by me duly sworn or caused to be sworn in my presence, as provided by law, and when sworn the questions were propounded to him by the respective parties-Benj. T. Frederick, contestant, and James Wilson, contestee—by their respective attorneys, and the question by me read to the witness, who answered the same, and his answer by me in the language of the witness taken down under each question propounded and reduced to writing till the deposition was completed. * I further certify that when the testimony of each witness was taken I carefully read the same over to the witness, who corrected the same, and each correction noted, and said testimony was then signed by the witness and sworn to by him before me.
I further certify that T. Brown and Carney appeared as counsel for the contestant, Benj. T. Frederick, and W. H. Stivers appeared as counsel for the contestee, James Wilson,
In witness whereof I have set my hand and seal berennto, notarially, this 28th day of April, 1883. (SEAL.]
Commissioner agreed upon to take testimony. [State University of Iowa, School of Short-Hand, and Reporters' Bureau. Instruction in Stenography and Type-Writing. Lessons by Mail a Specialty. Type-Writer Copying Done to Order. Speeches, Law Suits, Conventions, etc., Reported. Skilled Short Hand Writers Furnished. Type.Writer and General Stenographic Supply Agency.)
Iowa City, Iowa, July 9th, 1883. STATE OF Iowa,
Johnson County, 88: It is hereby stipulated and agreed that where there is no objection to the testiInony made for total waut of notice, or want of notice to any witness, that it eball be presumed that due notice was given, and it is hereby stipulated that such notice was given. This is agreed to by and between Benjamin T. Frederic, contestant, and James Wilson, contestee.
BENJAMIN T. FREDERICK,
Johnson County, 88 : Deposition of witnesses produced before me, Eldon Morao, a notary public and commissioner, agreed upon to take testimony, and duly sworn by Eldon Moran, a notary public for Johnson County, on this 4th, 5th, and 6th day of April, 1883, at Iowa City, in pursuance of the notice hereuntó attached, in a proceeding pending before the House of Representatives of the United States of America, in a contested election for the office of Representative in Congress, in which proceeding Benj. T. Frederick is contestant and James Wilson contestee; Brown and Carney, attorneys for contestant, and Remloy and J. W. Cone for contestee.
The following testimony was taken before me:
STATE OF Iowa,
Johnson County, 88: PLEASANT HARRIS, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 4th day of April, 1883, and examined before me, testifies
as follows (T. Brown appearing on the part of contestant, and Cone and Remley on the part of contestee):
Q. 1. You may state your name, age, and occupation.-A. Pleasant Harris.
Q. 6. State how long you have been there.-A. About 5 years, on the 30th of December, 1877.
Q. 7. How, and by whom, were you sent to the poor farm-by whose authority 1-A. The trustees of this township, Iowa City.
Q. 8. Where did you reside before you were sent to the poor farm !-A. I resided in Grundy County
Q. 9. What township from this county were you sent to the poor farm I-A: Sent from this town-Iowa City-here.
Q. 10. Have you been in the poor-house continually since you were sent there 1-A. Yes, sir--that is—well, I have been away as much as 4 or 5 days, or a week, at a time. My residence, of course, has been there ever since.
Q. 11. Did yon vote at the election held in Union Township on the 7th of November, 1882?-A. Yes, sir.
Q. 12. For Representative in Congress 1-A. Yes, sir.
Q. 13. For whom did yon vote for Representative in Congress 1-I voted the Democratic ticket.
Q. 14. Was there the name of B. T. Frederick printed at the head of that ticket for Representative in Congress, 5th district ?--A. I believe it was, sir.
Q. 15. With whom did you go to the polls ?-A. The overseer--another gentleman here now; also, two more that are not here now. Q. 16. Who is the overseer -A. William Mullin.
Cross-examination: Q. 17. You say that you reside in Grundy County 1-A. I was working there before my coming to this county.
Q. 18. How long had you been in this county after you left Grundy before you went to the poor farm I-A. I think I had been in this county about three days.
Q. 19. You never stayed any length of time in Iowa City-only three days -A. Not exactly in town; I resided around about the town. I was at work at the time I left Grundy County. I was sick in that county. I had to come back to my own county.
Q. 20. You have been at the poor farm 5 years ?-A. Yes, sir.
. 22. How long had you been in Grundy County-A. Well, in and out of the county, possibly 3 or 4 months.
PLEASANT HARRIS. $1.25 paid as fee by contestee.
STATE OF Iowa,
Johnson County, 88 : PHILLIP ZIMMERMAN, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 14th day of April, 1883, and examined before me, testities as follows (T. Brown appearing on the part of contestant, and Cone and Remley on the part of contestee):
Q. 1. State your name, age, and occupation.-A. Age, 54.
Q. 4. How, and by whom, were yon sent to the poor-farm 1-A. By the trustees of this township.
Q. 5. Where had you resided prior to being sent to the poor-farm? Where had you lived before you had been sent to the poor-farm ?-A. In Iowa City.
Q. 6. How long did you reside in Iowa City 1-A. About 27 years.
Q. 7. Did you vote at the election held in Union township on the 7th of November, 1882, for the office of Representative in Congress, for the 5th District of Iowa 1-A. Yes, sir.
Q. 8. What ticket did you vote?-A. I always vote the Democratic ticket.
Q. 9. Did you vote for B. T. Frederick for Representative in Congress, 5th District, at that election ?-A. I voted the Democratic ticket.
Q. 10. Do you know whether it was the straight Democratic ticket or not ! (Contestant objects on the ground that the question is leading.)
Q. 11. Was it a straight Democratic ticket or not?
Q. 16. Whose name was on it 1--A. Wilson's name was not on the ticket that I voted. What did you say?
Q. 17. Was Mr. Cone's name on the ticket ?-A. Plenty of names ; I can't recollect them now.
Q. 18. You do not know whether Wilson's name or Frederick's was on it or not, do you 1-A. I am not sure now; I do not recollect that; I don't remember it.
Q. 19. Who gave you the ticket I-A. I got the ticket out there in the school-house.
Q. 20. You do not know whether Mr. Frederick's name or Mr. Wilson's was on the ticket, do yon? Which do you think that it was ?-A. It was the straight. The ticket was the straight Democratic ticket.
Q. 21. How do you know that I-A. I wrote it.
Q. 22. You wrote the ticket; you remember of writing Mr. Wilson's name on it?A. I do not remember that now.
Q. 23. Do you remember of writing Mr. Frederick's name, or was Mr. Frederick's name on 1-A. I cannot remember whose name headed; I saw the ticket and voted it right straight.
0. 24. You have lived there one year 1-A. Yes, sir. Q. 25. Have you any family 1-A. No, sir. Q. 26. You are a single mab, are you i-A. I got a woman in Iowa City before that.
Q. 27. Do you say she is dead ?--A. I don't know whether she is dead-the womanI can't say.
Q.28. You have not kept honse for a while ?--A. Yes, sir; I kept house so long as I was in Iowa City.
Q. 29. How long have you kept house?-A. About 8 years back; about 8 years ago · I quit keeping house.
Q.30. About 8 years ago you quit keeping house; have not kept house since ?-A. No, sir.
Q. 31. You have been in the poor-house pretty near a year 1-A. Yes, sir; I come out in April.
Q. 32. You make it your home there -A. Yes, sir; I have to make it my home there.
Q. 33. You live there and have everything done for you that you need done; you work there I-A. Yes, sir.
Q. 34. Yon can't remeinber whose name was on the ticket, or any of the men you voted for 1-A. Some names that were on it I know ; I can't remember everything about that.
Q. 35. Well now whose names can you remember that were on your ticket 1-A. Some names that were on it I know,
Q.36. Just name some of them.-A. Most of them I remember in this county.
Q. 37. You do not remember who was on for State offices ?-A. I can't well remember pow.
Q. 38. You remember whom you voted for for secretary of statel-A. I do not remember anything about that.
Q. 39. Do you remember whether Mr. Hill's name was on for secretary of state ?A. I do not know whether his name was on or not; I give it up.
Q. 40. You do not remember whose name was on for any of the supreme court judges, do you 1-A. I don't remember any of them.
Q. 41. Did you read those names yourself, and was it a printed ticket?-A. I say it was a printed ticket.
Q. 42. You didn't vote anything more than a written ticket, did you ?-A. Only voted as it was on the ticket.
Q. 43. You mean township ticket --A. Yes, sir.
Q. 44. You did not vote the State ticket all, did you ?--A. I voted the ticket what was in the poll there.
Q. 45. Written out?-A. Yes, sir.
Q. 46. And the names on your ticket were written! Were not all the names you voted written ?-A. No, sir, I guess not; I think it was in printing, I don't know.
Q. 47. You do not know whether in printing or not; do you say you do not know whether in printing or not? Do you know whether any printed names on the ticket I-A. Yes, sir; there were printed names on the ticket.
Q. 48. How do you know whose name was printed on the ticket for Congressman,
whether Mr. Wilson's name was on it or Mr. Frederick's name!-A. I guess it was Frederick's name, I can't recollect any more.
Q. 49. Do you know that to be a fact, or not?-A. I guess so.
Q. 51. You can't remember whose name was on for sure 1-A. For sure, I can't remember.
Redirect: Q. 52. Who took you to the polls !-A. The boss there of the poor-farm, Mr, Mullin. Q. 53. What is his politics -A. I don't know what his is ; I can't give it.
Q. 54. Did he give you a ticket during the election ?-A. Yes, sir; there was plenty of other men out there tbat I know.
Q. 55. You may you are a Democrati-A. I always was a Democrat; I voted the Democratic ticket ever since I voted. Q. 56. You say yon vote a straight Democrat ticket 1-Yes, sir; this time I did.
Recross-examination: Q. 57. Do you know whether straight ticket or whether some names were written on that day that were Republican, or all Democratic !-A. I voted the ticket for the township; also State officers; also for the county officers.
Q. 58. You do not remember all the State officers I-A. No, sir; I do not remember ($1.25 paid as fee by contestee.)
STATE OF Iowa,
Johnson County, $8 : JOSEPH BARTORAKA, being produced and sworn before Eldon Moran, notary public for Johnson County, on this 14th day of April, 1883, and examined before me, testifies as follows (T. Brown appearing on the part of contestant, and Cove and Remloy on the part of contestee):
(Mr. James Havleck, sworn interpreter.)
Q. 5. Is it a county poor-house, and is it for Johnson County 1-A. Yes, sir; for the county.
Q. 6. How long have you been at the poor-house ! -A. 7 years.
2.7. Ask him where he resided before he went to the county poor-house.-A. Iowa City.
Q. 8. Ask the witness who sent him to the county poor-house.-A. Trustees sent him there.
Q. 9. From what township did they send you up there?-A. Iowa City Township.
Q. 10. Ask him if he voted at the election held in Union Township, Johnson County, Iowa, at the election held on the 7th of November, 1882, for Representative in Congress 1-A. Yes, bir; I did.
Q. 11. Ask him what ticket he voted.-A. I can't tell.
Q. 12. Ask him who took him to the polls.-A. John Mullen, the fellow that keeps the poor-house. John took them up in the wagon.
Q. 13. Ask him who gave him the which he voted.-A. He can't tell who it was that gave him the ticket, but it was by the school-house.
Q. 14. Ask him if Mr. Mullin stood by him when he voted.-A. He can't say whether he was present when he put in his ticket.
Q. 15. Ask him what party witness belongs to 1-A. Democratic.
Q. 16. Ask him if he voted that ticket last election 1-A. He says he don't remember what ticket was given him.
Q. 17. Ask him if he does not generally vote that ticket when he goes to the election 1-A. He says he does the majority of the times.
Q. 18. Ask him who besides Mr. Mullin were present when he voted 1-A. He does not know; he can't remember any of them.
Q. 19. Ask bim if he voted before or after Mr. Mollin ?-A. He says he can't tell.
Q. 20. Ask him if he did not vote at the same time that Mr. Mullin did?-A. He says that he can't remember.
Q. 21. Ask him if he came home with Mr. Mullin ?-A. Yes, sir.
Q. 22. Ask him how long he was at the polls ?-A. He says he staid by the polls 15 minutes or half an hour; a few minutes.
Q. 23. Ask him if he had any other tickets in his hands but the one that he voted iA. He had not.